71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3352
House Bill 3641
Sponsored by Representative WINTERS (at the request of Oregon
Manufactured Housing Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that moneys collected by Department of Consumer and
Business Services under certain statutes regulating manufactured
dwellings be kept in single account of Consumer and Business
Services Fund. Makes exception for moneys dedicated to
Manufactured Structures and Parks Education Account.
A BILL FOR AN ACT
Relating to Department of Consumer and Business Services
finances; creating new provisions; amending ORS 446.076,
446.176, 446.400, 446.410, 455.230 and 705.145; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Except as provided in subsection (2) of
this section, all moneys derived pursuant to ORS 446.003 to
446.200, 446.210, 446.225 to 446.285 and 446.395 to 446.420 and
deposited to the Consumer and Business Services Fund are
continuously appropriated to the Department of Consumer and
Business Services for carrying out any of the duties, functions
and powers of the department under ORS 446.003 to 446.200,
446.210, 446.225 to 446.285 and 446.395 to 446.420, and rules
adopted thereunder, without regard to the source of the moneys.
(2) Moneys deposited in the Manufactured Structures and Parks
Education Account pursuant to ORS 446.176, 455.220 (1) and
705.145 (10) may be expended only for the purposes of the account
as established in ORS 701.145 (10). + }
SECTION 2. ORS 446.076 is amended to read:
446.076. All moneys received by the Department of Consumer and
Business Services under ORS 446.003 to 446.200 and 446.225 to
{ - 446.280 - } { + 446.285 + } shall be paid into the
Consumer and Business Services Fund created by ORS 705.145. The
moneys received under this section are continuously appropriated
{ - and shall be used only for the administration and
enforcement of ORS 446.003 to 446.200 and 446.225 to 446.285 by
the department with respect to mobile home or manufactured
dwelling parks - } { + to the department for use as provided in
section 1 of this 2001 Act + }.
SECTION 3. ORS 446.176 is amended to read:
446.176. (1) The Director of the Department of Consumer and
Business Services, with the approval of the Manufactured
Structures and Parks Advisory Board, shall adopt regulations
under the provisions of ORS 183.310 to 183.550 to provide a
schedule for plan review fees, insignia fees, inspection fees and
other necessary fees based on the { + estimated + } cost of
administering { - ORS 446.003, 446.111, 446.160, 446.225 to
446.285, 446.990 and this section and those parts of - } ORS
446.003 to 446.200 and 446.225 to 446.285 { - within the
jurisdiction of the Department of Consumer and Business
Services - } .
(2) Fees collected by the department pursuant to this section
shall be deposited in the Consumer and Business Services Fund
established by ORS 705.145, with any specifically designated
training fees to be deposited in the Manufactured Structures and
Parks Education Account of the fund { + . + } { - , and shall be
used exclusively for the administration and enforcement of those
matters in ORS 446.003 to 446.200 and 446.225 to 446.285 under
the jurisdiction of the department - } { + Moneys deposited
into the fund pursuant to this section are continuously
appropriated to the department for use as provided in section 1
of this 2001 Act + }.
SECTION 4. ORS 446.400 is amended to read:
446.400. (1) In accordance with any applicable provisions of
ORS 183.310 to 183.550, the Director of the Department of
Consumer and Business Services, with the approval of the
Manufactured Structures and Parks Advisory Board, shall establish
by rule a procedure for the licensing of individuals to install
manufactured dwellings and cabanas. Such a procedure shall
include, but not be limited to, provisions prescribing:
(a) The form, content and procedures for submitting an
application for license issuance and renewal;
(b) The term of the license and the fee for the original
issuance and renewal of the license;
(c) The experience and training requirements for determining
the qualifications of license applicants; and
(d) The actions and procedures required for license suspension,
revocation and reissuance.
(2) In determining the appropriate initial license and renewal
fees for installers, the director, with the approval of the
board, shall { - insure - } { + ensure + } that the annual
income to the department from license and renewal fees
{ + established under this section does + } not exceed one-third
of the { + estimated + }total cost of administering and
enforcing the provisions of ORS 446.003 { - , - } { + and + }
446.395 to 446.420 { - and 455.230 - } .
{ - (3) The costs of developing and administering ORS
446.003, 446.395 to 446.420 and 455.230 shall be funded: - }
{ - (a) One-third from license application fees; and - }
{ - (b) Two-thirds from fees paid by manufacturers under ORS
446.176. - }
{ + (3) Fees collected by the Department of Consumer and
Business Services pursuant to this section shall be deposited in
the Consumer and Business Services Fund established by ORS
705.145 and are continuously appropriated to the department for
use as provided in section 1 of this 2001 Act. + }
(4) The board may adopt classifications of installers
including, but not limited to, temporary installer, limited
installer and installer.
SECTION 5. ORS 446.410 is amended to read:
446.410. Fees and civil penalties collected by the Department
of Consumer and Business Services pursuant to ORS 446.003,
446.395 to 446.420 and 455.230 shall be deposited in the Consumer
and Business Services Fund established by ORS 705.145 and
{ - shall be used and - } { + are + } continuously
appropriated { - for the administration and enforcement of ORS
446.003, 446.395 to 446.420 and 455.230 and the rules adopted
pursuant thereto - } { + to the department for use as provided
in section 1 of this 2001 Act + }.
SECTION 6. ORS 455.230 is amended to read:
455.230. { + (1) + } Except as otherwise provided by law, all
moneys appropriated or credited to the Consumer and Business
Services Fund and received under this chapter, ORS { - 446.155
to 446.200, 446.410, - } 447.010 to 447.160, 460.005 to 460.175,
460.310 to 460.410, 479.510 to 479.945, 480.510 to 480.665 and
ORS chapter 693 hereby are appropriated continuously for and
shall be used by the director for the purpose of carrying out the
duties and responsibilities imposed upon the department
{ - , - } under this chapter, ORS { - 446.155 to 446.200,
446.410, - } 447.010 to 447.160, 460.005 to 460.175, 460.310 to
460.410, 479.510 to 479.945, 480.510 to 480.665 and ORS chapter
693.
{ + (2) Except as otherwise provided by law, all moneys
appropriated or credited to the Consumer and Business Services
Fund and received under ORS 446.003 to 446.200, 446.210, 446.225
to 446.285 and 446.395 to 446.420 hereby are appropriated
continuously for and shall be used by the director for the
purpose of carrying out the duties and responsibilities imposed
upon the department under ORS 446.003 to 446.200, 446.210,
446.225 to 446.285 and 446.395 to 446.420 and rules adopted
thereunder, without regard to the source of the moneys. + }
SECTION 7. ORS 705.145 is amended to read:
705.145. (1) There is created in the State Treasury a fund to
be known as the Consumer and Business Services Fund, separate
from the General Fund. All moneys collected or received by the
Department of Consumer and Business Services, except moneys
collected pursuant to ORS 735.612 and those moneys required to be
paid into the Workers' Benefit Fund, shall be paid into the State
Treasury and credited to the Consumer and Business Services Fund.
Moneys in the fund may be invested in the same manner as other
state moneys and any interest earned shall be credited to the
fund.
(2) The department shall keep a record of all moneys deposited
in the Consumer and Business Services Fund { - which - } { +
that + } shall indicate, by separate account, the source from
which the moneys are derived, the interest earned and the
activity or program against which any withdrawal is charged.
(3) Should moneys credited to any one account be withdrawn,
transferred or otherwise used for purposes other than the program
or activity for which the account is established, interest shall
accrue on the amount withdrawn from the date of withdrawal and
until such funds are restored.
(4) Moneys in the fund shall provide and are appropriated for
the administrative expenses of the department and for its
expenses in carrying out its functions and duties under any
provision of law.
(5) It is the intention of the Legislative Assembly that the
performance of the various duties and functions of the department
in connection with each of its programs shall be financed by the
fees, assessments and charges established and collected in
connection with those programs.
(6) There is created by transfer from the Consumer and Business
Services Fund a revolving administrative account in the amount of
$100,000. The revolving account shall be disbursed by checks or
orders issued by the director or the Workers' Compensation Board
and drawn upon the State Treasury, to carry on the duties and
functions of the department and the board. All checks or orders
paid from the revolving account shall be reimbursed by a warrant
drawn in favor of the department charged against the Consumer and
Business Services Fund and recorded in the appropriate subsidiary
record.
(7) For the purposes of ORS chapter 656, the revolving account
created pursuant to subsection (6) of this section may also be
used to:
(a) Pay compensation benefits; and
(b) Refund to employers amounts paid to the Consumer and
Business Services Fund in excess of the amounts required by ORS
chapter 656.
(8) There is established in the Consumer and Business Services
Fund the Banking Education Assessment Account. All moneys in the
account are appropriated continuously for use by the Conference
of State Bank Supervisors Education Foundation to provide quality
training and education for state bank examiners.
{ + (9) Notwithstanding subsections (2), (3) and (5) of this
section, except as provided in ORS 446.176, section 1 (2) of this
2001 Act and subsection (10) of this section, the moneys derived
pursuant to ORS 446.003 to 446.200, 446.210, 446.225 to 446.285
and 446.395 to 446.420 and deposited to the fund, interest earned
on those moneys and withdrawals of moneys for activities or
programs under ORS 446.003 to 446.200, 446.210, 446.225 to
446.285 and 446.395 to 446.420 must be assigned to a single
account within the fund. + }
{ - (9) - } { + (10) + } There is established in the
Consumer and Business Services Fund the Manufactured Structures
and Parks Education Account. Moneys that are specifically
designated as training fees and that are collected under ORS
446.176 and 455.220 (1) shall be deposited in the account. All
moneys in the account are appropriated continuously for use by
the Department of Consumer and Business Services to provide
quality training and education for persons employed in producing,
selling, installing, delivering or inspecting manufactured
structures or buildings, or inspecting parks or camps.
Notwithstanding the applicable provisions of ORS chapter 279, the
department may, with the advice of the Manufactured Structures
and Parks Advisory Board established under ORS 446.280, contract
with a public or private person to develop or provide training
and education programs.
SECTION 8. { + Section 1 of this 2001 Act and the amendments
to ORS 446.076, 446.176, 446.400, 446.410, 455.230 and 705.145 by
sections 2 to 7 of this 2001 Act apply to moneys deposited to the
Consumer and Business Services Fund prior to the effective date
of this 2001 Act and remaining unexpended on the effective date
of this 2001 Act and to moneys deposited to the fund on or after
the effective date of this 2001 Act. + }
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